Jill Kahn Marshall Discusses Key Considerations for Separation and Severance Agreements

RPJ’s Jill Kahn Marshall was recently interviewed by SHRM for an article exploring the legal considerations employers should keep in mind when preparing separation and severance agreements, particularly when an agreement includes a waiver of age discrimination claims.

As age discrimination claims have received renewed attention in recent years, Ms. Marshall highlights that “it requires additional language and time to review if you are terminating an employee who’s 40 or over.” She cautions that carelessness in drafting or rushing an employee’s review of an agreement can create unnecessary legal complications.

Furthermore, agreements that include a waiver of age discrimination claims are subject to specific review and revocation periods under federal law. “[T]he one that typically impacts employers the most is the review period,” Ms. Marshall explains, underscoring the importance of building these requirements into the process from the outset rather than treating them as an afterthought.

The article also addresses the growing use of artificial intelligence in the workplace, including for drafting separation and severance agreements. While AI tools may be useful in a variety of contexts, Ms. Marshall advises particular caution when they are used to prepare agreements in which an employee is being asked to waive potential legal claims. “It’s always smart to have a lawyer look over them,” she notes, emphasizing that these agreements are “not to be taken lightly.”

Read the full SHRM article here.

This article is intended as a general discussion of these issues only and is not to be considered legal advice or relied upon. For more information, please contact RPJ Partner Jill Kahn Marshall, who counsels individuals and corporations in the areas of employment law, litigation and dispute resolution, and healthcare. Ms. Marshall is admitted to practice law in New York and Massachusetts, as well as the District Courts for Massachusetts and the Southern and Eastern Districts of New York.